NORRISTOWN, Pa. (CBS/AP) — After a second day of deliberation the jury in the Bill Cosby sexual assault case has called it a night.
Tuesday’s deliberation lasted roughly 12 hours.
The jury is weighing charges that could send Bill Cosby to prison for the rest of his life.
As Cosby walked out of the courtroom on Tuesday night, he only commented with a “hey, hey, hey,” –the well-known catch phrase from the 70s animated character Fat Albert.
Earlier in the day, Judge Steven O’Neill spent an hour rereading pieces of Cosby’s deposition from 2005. The jury wanted to revisit the portion of the deposition where the comedian, now 79, talked about giving Andrea Constand “three friends.”
“She sat with her back to the kitchen wall,” Cosby said. “And there was talk of tension, yes, about relaxation and Andrea trying to learn to relax the shoulders, the head, et cetera. And I went upstairs and I went into my pack and I broke one whole one and brought a half down and told her to take it.”
“Your friends,” Cosby said he told her. “I have three friends for you to make you relax.”
Cosby later told police the pills were Benadryl, an over-the-counter cold and allergy medicine. Constand — then an athletic, 6-foot-tall college basketball staffer — said they made her dazed and groggy, and unable to say no or fight back when Cosby went inside her pants.
As they pored over Cosby’s words, the jurors appeared to struggle with some language in one of the charges against him: “without her knowledge.” The jury is considering three counts of felony aggravated indecent assault; the third count covers Cosby’s alleged use of pills to impair Constand before groping her breast and genitals.
The jury asked about the phrasing Tuesday morning, but O’Neill said he couldn’t define it for them.
The jury came back later Tuesday and asked to hear testimony about the initial police report Constand filed with Durham police in 2005.
With how long the deliberations have lasted, Cosby’s legal team is confident and cautiously optimistic.
“The DA’s closing arguments, he put a lot of fiction in those arguments to try and sway the jury and I think that’s what the jury is looking at now,” said Cosby spokesman Andrew Wyatt.
Wyatt added, “This jury, they’re intelligent. They’re asking the right questions, and he feels confident they will come back and make the right decision.”
The defense insisted throughout the trial that Constand hid the fact they’d had a romantic relationship before the early 2004 encounter when she went to police a year later. Cosby, his lawyer said, never ran from talking to police, for better or worse.
“He never shuts up,” lawyer Brian McMonagle said of his client in closing arguments Monday morning.
Nonetheless, the comedian whose storytelling artistry fueled a $400 million fortune went quiet Monday when he had the chance to take the stand. The defense started and ended its case Monday with six minutes of repeat testimony from a detective.
Cosby couldn’t risk taking the stand and being cross-examined about the 60 other accusers if he denied ever drugging or molesting anyone.
Constand, by contrast, testified for more than seven hours last week. She had waited 12 years for her day in court. Authorities had declined to charge Cosby when she first came forward in 2005. Then the other women started coming forward.
Her lawsuit against him had elicited four days of testimony from Cosby about his sexual conduct with some of them. The testimony, unsealed in 2015, wasn’t pretty coming from the beloved TV dad.
“Think about that, in terms of the courage Andrea Constand has shown,” District Attorney Kevin Steele said in forceful closing arguments as Constand sat with detectives, her mother and other accusers in the front row.
The defense had tried repeatedly since Cosby’s Dec. 30, 2015, arrest to have the case shut down. They said the charges were filed too late. They said the accusers were after money. They complained that prosecutors were improperly striking blacks from the jury chosen in Pittsburgh.
And all along, they said Constand was a willing romantic partner.
McMonagle cited gifts and phone calls between Cosby and Constand to show she was more than a college sports staffer trying to placate a powerful Temple University trustee.
“This isn’t talking to a trustee. This is talking to a lover,” McMonagle said of one phone call that lasted 49 minutes. “Why are we running from the truth of this case — this relationship? Why? I don’t understand it.”
Camille Cosby sat stoically in the first row behind her husband of 53 years at the defense table, about 30 feet from Constand.
Gloria Allred, who represents some of Cosby’s accusers, believes he is guilty.
“We have Mr. Cosby’s own admission under oath that he provided three pills, that she didn’t consent, Andrea, that he found Andrea Constand to be truthful and that he digitally penetrated her and groped her breasts after she had taken those pills. The only issue in this case is consent,” Allred said.
Cosby faces up to 10 years in prison on each of the three counts, but they could be merged for sentencing purposes.
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